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TERMS OF USE



   

Bowlero Corp, AMF Bowling Centers Inc. d/b/a Bowlmor AMF Centers, its affiliates
and its properties (“Company” or “we,” “our,” or “us”) owns or controls, and
provides access to, several interactive web sites (however accessed and/or used,
whether via personal computers, mobile devices or otherwise) or other
interactive features or properties owned or controlled by Company and that link
or reference to these Terms of Use (collectively, “Web Sites”). THESE TERMS OF
USE GOVERN YOUR USE OF THE WEB SITES. These Terms of Use (“TOU”) only apply to
the Web Sites, and not to any other web site or any offline activities by
Company (unless specifically stated). By accessing or using the Web Sites,
registering for services offered on the Web Sites, or by accepting, uploading,
submitting or downloading any information or content from or to the Web Sites,
you shall have agreed to these TOU. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF
THESE TOU, DO NOT USE THE WEB SITES.

 

1. Acceptance of Terms

 

Your use of the Web Sites is subject to these TOU, which may be updated,
amended, modified or revised by us from time to time without notice to you. It
is important for you to refer to these TOU from time to time to make sure that
you are aware of any additions, revisions, or modifications that we may have
made to these TOU. Your use of the Web Sites constitutes your acceptance of
these TOU.

 

2. Description of Web Site Services

 

The Web Sites currently provide users with access to a rich collection of online
resources, including various possible communications tools, online forums,
special content and branded features. Unless explicitly stated otherwise, any
new features that augment or enhance the Web Sites, including the release of new
or specialized Company web-based services, are subject to these TOU. In some
instances, these TOU and a separate end user license or similar agreement will
apply to a service or product offered by Company and/or the Web Sites. We may
add, change, remove, suspend or discontinue any aspect of the Web Sites at any
time without notice. We may also impose limits on certain features and services
or restrict access to parts of or all of the Web Sites without notice or
liability. In order to use the Web Sites, you must obtain access to the
Internet, either directly or through devices that access web-based content, and
pay any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the Internet (e.g., personal
computer, modem, cell phone, other access device, etc.).

 

The Content (as defined below) of the Web Site is for informational purposes
only. The Content is not intended to be a substitute for, or replace, any
professional advice or relationship.

 

The Company does not recommend, guarantee or endorse any specific products,
services, companies, processes, goods, opinions, or other information that may
be mentioned on the Web Site. The Company expressly does not recommend,
guarantee or endorse any specific products, services, companies, processes, and
goods referenced in any advertising provided through or on the Web Site. You
should make your own determination and seek the advice of your own professionals
with any questions you may have about any matter mentioned on the Web Site.
Reliance on any information provided by the Company, its personnel, others
appearing on the Web Site at the invitation of the Company, or other visitors to
the Web Site is solely at your own risk.

 

Our mission and goal of the Web Site is to provide you helpful and useful
information about our Company, and our offerings, products, services and
collaborative partners.

 

We are committed to protecting the privacy of children. You should be aware that
the Web Site is not intended or designed to attract children under the age of
13. We do not collect personally identifiable information from any person we
actually know is a child under the age of 13. Additional information on our
privacy practices is set forth in the Privacy Policy on this Web Site.

 

All Web Site services and Company offerings are intended for audience in the
United States and Mexico, as applicable. Company is responsible for its own
Content on this Web Site, except for content controlled by third parties, User
Upload Information and information directed on other sites. Company has not
received any direct external funding for this Web Site. To its knowledge,
Company is not aware of any direct conflicts of interest in delivering the Web
Site to you.

 

3. Intellectual Property Ownership; License

 

The past, present and future Web Site content and information, including,
without limitation, organization, graphics, text, images, buttons, audio,
pictorals, display, processes, trade secrets, videos, designs, programming
(including both client-side code (HTML, JavaScript, etc.) and server-side code
(Active Server Pages, VBScript, databases, etc.) used on the Web Sites),
compilations, advertising copy, trademarks, logos, domain names, trade names,
service marks and trade identities; any and all copyrightable material
(including source and object code); and all other materials related to the Web
Sites, including without limitation, the “look and feel” of the Web Sites
(collectively, “Content”) are protected by applicable copyrights and other
proprietary (including, but not limited to, intellectual property) rights and
are the property of and under ownership of Company or its licensors. Except as
expressly set forth in these TOU or otherwise expressly granted to you in
writing by Company, no rights (either by implication, estoppel or otherwise) are
granted to you. The Company reserves all Intellectual Property Rights not
otherwise expressly granted to you herein. “Intellectual Property Rights”
includes all inventions, patents, copyrights (including the right to use,
reproduce, modify, distribute, publicly display, create derivative works from,
collective works from, compilations from, and publicly perform the copyrighted
work), trade secrets, trade dress, trademarks (including service mark, trade
dress, trade names), rights or publicity, authorship rights, rights of privacy,
goodwill, mask-work rights, trade identities, domain names, creations, rights of
packaging, know-how, intellectual property, software, shop rights, moral rights,
licenses, developments, goodwill, research data, designs, processes, formulas,
and other intangible proprietary or property rights, logos, including rights of
privacy and publicity, whether or not patentable, and any and all applications
for, and extensions, divisions, and reissuances of, any of the foregoing, and
rights therein, and whether arising by statute or common law, existing now or
hereafter come, in any state, country or other jurisdiction. The use, reuse,
access, storing, copying, reproduction, rearrangement, sales, leasing, renting,
distribution, redistribution, modification, alteration, display, archiving,
sub-licensing, transferring, posting, translating, creating derivative works,
assigning, loaning, pledging, granting of a security interest, granting of a
lien, encumbering, conveying, transferring, downloading, exchanging, exhibiting,
performing, exploiting, uploading, transmitting, broadcasting, hosting,
indexing, caching, tagging, encoding, compiling, adaptation, creation of a
collection with, or publication by you, directly or indirectly, of the Content,
including the removal or alteration of advertising, except expressly permitted
under the limited grant of rights hereunder, is strictly prohibited. You agree
to abide by any and all additional copyright notices, information, or
restrictions contained in any part of the Web Sites. Copying, archiving or
storing any part of the Web Sites for a purpose that is not permitted by these
TOU is expressly prohibited without prior written permission from Company or the
applicable copyright holder as identified on the Web Sites.

 

Subject to your strict compliance with these TOU and during the term of this
Agreement, Company grants you a limited, personal, non-exclusive,
non-commercial, revocable, nonperpetual, non-sublicensable, non-replicable,
non-assignable and non-transferable license to access and execute the Content,
and view and display a single copy of the Content (excluding programming source
and object code), provided that you: (i) retain all trademark, copyright and
other proprietary notices contained in the original Content; (ii) do not allow
or aid or abet any third party (whether or not for your benefit) to copy or
adapt the object code of the Web Sites’ software, HTML, JavaScript, or other
code, on the Content; reverse engineer, disassemble, decompile, reverse
assemble, modify or attempt to discover any source code that the Web Sites
create to generate its web pages; or any software or other products or processes
accessible through the Web Sites; (iii) do not insert any code or product to
manipulate the Content in any way that affects any user’s experience; or (iv)
take any action to test the security of the Web Site or otherwise violate the
security of the Web Site. In no event shall you use the Web Site or Content for
commercial, promotional or non-personal use.

 

4. Links to Other Web Sites

 

The Web Sites may contain hyperlinks to other web sites (“Other Sites”). If you
use the hyperlinks to access these Other Sites, you will leave the Web Sites and
your browser will be re-directed to the Other Sites. The Other Sites may have
their own terms of service and privacy policy and those Other Sites may have
different practices and requirements than the Web Sites. Company may not have
knowledge of, and is not responsible for, the content presented by any Other
Site. As such, Company does not warrant or make any representation or warranty
regarding the legality, accuracy, authenticity, reliability, sufficiency, truth,
suitability, quality, validity, timeliness, completeness, adequacy, currency of
content presented by Other Sites. The hyperlinks to Other Sites do not
constitute an endorsement, warranty or guarantee by Company of any Other Site(s)
or resources, or their content. The Web Sites are only providing these links to
you as a convenience. You use such Other Sites at your own risk and assume all
liability arising therefrom.

 

5. Our Linking Policy

Any web site that links to the Web Sites: (a) must not frame or create a browser
or border environment around any of the Content of the Web Sites; (b) may link
to, but not replicate, display, reproduce, the Content; (c) must not imply that
Company or the Web Sites are endorsing, warranting or sponsoring it or its
products, unless Company has given its prior written consent; (d) must not
present false, deceptive, inaccurate or misleading information about Company or
its products or services; (e) must not use any Company trademarks without the
prior written permission from Company; and (f) must not contain content that
could be construed as Questionable Content (as defined below). By linking to any
of the Web Sites, you agree that you do and will continue to comply with the
above linking requirements. Notwithstanding anything to the contrary contained
in these TOU, we reserve the right to deny permission to link to the Web Sites
for any reason in our sole and absolute discretion.

 

6. Acceptable Use

 

You will not, directly or indirectly, through your User Upload Information (as
defined herein) or otherwise, use the Web Sites to:

 * Upload, post, e-mail, transmit, display, distribute, promote, advocate,
   broadcast, or otherwise make available or accessible: (i) any material that
   is false, inaccurate, misleading, deceptive, unlawful, threatening, tortuous,
   disparaging (including disparaging of Company, its parent, subsidiaries or
   affiliates), anything that adversely affects Company business such as
   discouraging any person or entity from advertising with, linking to or
   supplying to Company, abusive, libelous, distasteful, controversial,
   defamatory, derogatory, discriminatory, slanderous, disparaging, obscene,
   vulgar, offensive, pornographic, profane, racist, sexually explicit,
   ethnically or culturally offensive, indecent, or that promotes violence,
   racial hatred, terrorism, or illegal acts, or is otherwise objectionable in
   Company’s sole discretion (collectively, “Questionable Content”); (ii)
   information, software, or other material that violates, plagiarizes,
   trespasses, contravenes or breaches, misappropriates or infringes the rights
   of third parties including, without limitation, copyright (including, without
   limitation, offering pirated computer programs or links to such programs,
   information used to circumvent manufacturer-installed copy-protect devices,
   including serial registration numbers for software programs, or any type of
   cracker utilities), trademark, patent, trade secret, rights of privacy or
   publicity or any other proprietary or Intellectual Property Right
   (“Infringement”); (iii) material of any kind that contains a virus, Trojan
   horse, time bombs, worms, spyware, bots, malware, any automated use of the
   system, such as scripts, or other harmful component or restricts or inhibits
   any other user’s uninhibited use and enjoyment of the Web Sites, interferes
   with or disrupts the Web Sites or servers or networks connected to the Web
   Sites, or disobeys any requirements, procedures, policies or regulations of
   networks connected to the Web Sites (collectively, “Virus”); (iv) information
   or material of any kind that constitutes or contains false or misleading
   indications of origin or statements of fact, including, without limitation,
   by forging any TCP/IP packet header, any part of the header information in
   any transmission to the Web Sites, or otherwise manipulating identifiers in
   order to disguise the origin of any content transmitted to the Web Sites; or
   (v) any unsolicited or unauthorized advertising, promotional materials, “junk
   mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money,
   petitions for signature, or any other form of solicitation (collectively,
   “Junk Mail”);
 * Encourage, promote, solicit, advocate or commit conduct that would constitute
   a criminal offense, give rise to tort or civil liability or otherwise violate
   any local, state, national or international law or otherwise make available
   any material that exploits, disparages or harms any individual, corporation
   or other entity;
 * Impersonate any person or entity or falsely state or otherwise misrepresent
   your affiliation with a person or entity;
 * Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than
   other users of the Web Sites are able to type, or otherwise act in a manner
   that negatively affects other users’ ability to engage in real time
   exchanges;
 * Stalk, abuse, sexually exploit, violently exploit, act violently toward or
   otherwise harass another user;
 * Use or attempt to use another’s information, account, password, service or
   system except as expressly permitted;
 * Solicit or collect personal data including telephone numbers, addresses, last
   names, or email addresses, about other users;
 * Copy or adapt the HTML code used to generate web pages on the Web Sites;
 * Use or attempt to use engines, manual or automated software, tools, devices,
   agents, scripts robots or other means, devices, mechanisms or processes
   (including, but not limited to, browsers, spiders, robots, avatars or
   intelligent agents) to navigate, search, access, “scrape,” “crawl,” or
   “spider” any web pages provided on the Web Sites other than the search engine
   and search agents available from Company and other than generally available
   third party web browsers (e.g., Internet Explorer, Firefox, Safari);
 * Post URLs or links to other web sites;
 * Post advertisements or solicitations for business;
 * Delete or revise any material posted by any other person or entity;
 * Send unsolicited commercial communication to another user; or
 * Aggregate, copy or duplicate in any manner any of the Content or information
   available from any of the Web Sites, without the express written consent of
   Company.

In no event shall you reuse, copy, reproduce, rearrange, sell, lease, rent,
distribute, redistribute, modify, alter, sub-license, transfer, post, translate,
create derivative works from, assign, loan, pledge, granting a security interest
in, grant a lien on, encumber, convey, exchange, exhibit, perform, exploit,
transmit, broadcast, index, cache, tag, encode, compile, form a collection with,
adapt, or publish any Content without our express written consent.

 

You represent, warrant and agree that you will comply with the above acceptable
use policy and none of your User Upload Information will breach or cause you to
breach any of the above requirements.

 

7. User Accounts, Additional Terms, and End User License Agreements

 

Registration may be required for the use of certain portions of the Web Sites
(e.g., e-mail, newsletters, specialized content, alerts, etc.). In some
instances, these TOU and separate end user license agreements or terms of use
that set forth additional conditions may apply to a service or product offered
via the Web Sites. To the extent there is a conflict between these TOU and the
terms of any applicable end user license or similar agreement, the end user
license or similar agreement will control, unless the additional conditions
expressly state that these TOU will control. In cases where there are no
additional terms or conditions stated for any such registrations, services or
products, these TOU will control. Registration data and certain other
information about you are subject to the Privacy Policy posted at the Web Site
on which you are providing your registration information. Please read that
Privacy Policy for information on how your data will be handled.

 

If you choose to provide information to the Web Sites, you agree to provide only
true, accurate, current and complete information. If you create a user account,
you agree to accept responsibility for all activities that occur under your
account or password, if any, and agree you will not sell, transfer, loan or
assign your user account or cause or permit any other person to use your account
other than you. You are responsible for maintaining the confidentiality of your
password, if any, and for restricting access to your computer, cell phone (or
other internet access device, as applicable) so that others may not access any
password-protected portion of the Web Sites using your name, user name or
password in whole or in part.

 

8. Promotions

 

The Web Sites may contain or offer sweepstakes, contests or other promotions,
which may be governed by a separate set of rules that describe the sweepstakes,
contest or promotion and may have eligibility requirements, such as certain age
or geographic area restrictions. It is your responsibility to read those rules
to determine whether or not your participation, registration or entry will be
valid or restricted, and to determine the sponsor’s requirements of you in
connection with the applicable sweepstakes, contest or promotion.

 

9. Copyrights and Copyright Agents

 

If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Company’s copyright agent the following
information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the copyright
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site; (c) identification of the material that is claimed
to be infringing or to be the subject of infringing activity and information
reasonably sufficient to permit us to locate the material; (d) information
reasonably sufficient to permit us to contact the complaining party; (e) a
statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

 

Company’s copyright agent for notice of claims of copyright infringement on or
regarding the Web Sites can be reached as follows:

 

By mail:

Bowlero Corp. Centers

222 West 44th Street

New York, NY 10036

GuestService@BowleroCorp.com

 

NOTE: This contact information is for inquiries regarding potential copyright
infringement only.

 

We have a policy of terminating the accounts of users who (in our reasonable
discretion) are repeat infringers.

 

10. Third Party Content and Information

 

The Web Site contains Content that is provided for your convenience and
enjoyment. Third parties may provide some of the Content. You should be aware
that the Content might contain errors, omissions, inaccuracies, outdated
information, and inadequacies and that the Content may be subject to other terms
and conditions, which may be found on the Web Site, links from the Web Site, or
in the documents and policies of third parties. We make no representations,
guarantees or warranties as to the legality, accuracy, authenticity,
reliability, sufficiency, truth, suitability, quality, validity, timeliness,
completeness, adequacy, currency of any Content and will not be liable for any
lack of the foregoing. Third parties may offer goods, products, services and
other materials to you on the Web Site. Your correspondence and business
dealings with others found on or through the Web Site including, without
limitation, the payment and delivery of products, goods and services, and any
terms, conditions, warranties and representations associated with such dealings,
are solely between you and such third parties. You agree that Company, its
affiliates and each of their officers, directors, owners, agents,
representatives, partners and personnel (collectively, “Company
Representatives”) will not be responsible or liable for any loss, liability,
expense, cost, penalty, charge, or damage (collectively, “Losses”) of any sort
incurred as the result of, related to or in connection with any such dealings or
the offering of such products, goods, services, the third party’s relationship
with you, and their Content on the Web Site. Under certain circumstances, we may
permit third party users to upload content, in which event you may be exposed to
offensive, indecent or objectionable content.

 

Descriptions of, or references to, products, goods, services or publications
within the Web Site do not imply endorsement, warranty or guarantee of that
product, service or publication.

 

11. Information You Submit

 

From time to time, the Web Site may contain functionality through which you or
others can upload or otherwise submit information, blog entries, data, postings,
software, messages, photographs, audio, video, text and other materials to the
Web Site (“User Upload Information”). For example, the Web Site may offer
forums, blogs, public forums, community areas, postings, bulletin boards, wiki,
chat rooms or other interactive areas (“User Forums”). Company, its affiliates
and their Company Representatives do not endorse, warrant or guarantee the
content posted in User Forums. Company reserves the right, but is not obligated,
to delete, move, alter or edit User Upload Information, in whole or in part,
submitted by you to a User Forum for any reason in their sole discretion.
Company reserves the right to suspend or terminate your access to the Web Site
and pursue all legal remedies if we believe your User Upload Information has
breached the requirements under this TOU, including Section 6 above. You
acknowledge and agree that you are prohibited from accepting payment for User
Upload Information, including, without limitation, accepting payment for the
inclusion of a logo, brand or other commercial content, in User Upload
Information.

 

All of your User Upload Information is your sole responsibility. This means that
you, and not Company, are entirely responsible for all of your User Upload
Information that you upload, post, e-mail, display, transmit or otherwise make
available or accessible via the Web Site. If you post personal information in
User Forums or on other publicly available areas of the Web Site then you may
receive unsolicited messages from third parties. Company disclaims any security
of any information you post on publicly available areas of the Web Sites. Under
no circumstances will Company, its affiliates or any Company Representative be
liable in any way for any User Upload Information including, but not limited to,
any errors, defects, inaccuracies, omissions or currency in User Upload
Information, or for any Losses of any kind incurred as a result of, resulting
from or in connection with User Upload Information, including confidentiality,
destruction or loss of User Upload Information.

 

You represent and warrant the following as to any of your User Upload
Information: it is an original work by you or you have all necessary rights in
it and to submit it to Company under the terms of these TOU; it does not breach
any of the requirements set forth in this TOU, including Section 6 above; and it
will not violate any law, rule, or regulation. You further agree that you are
solely liable for any and all claims, demands, investigations, Losses,
judgments, settlements, including attorneys’ fees, connected to, resulting from,
related to or arising from your breach of any representation or warranty herein,
or other violation of the terms of the TOU or any User Agreement. You represent
and warrant that you are at least 13 years old.

 

Except as otherwise described in the Privacy Policy or other agreement on the
Web Site at which you provide User Upload Information, User Upload Information
will be treated as non-confidential and non-proprietary and we will not be
liable for any use or disclosure to anyone, including but not limited to claimed
intellectual property owners. When you upload User Upload Information via the
Web Sites, you irrevocably grant to Company, its affiliates and its Company
Representatives a non-exclusive, worldwide, royalty-free, perpetual,
irrevocable, unconditional, fully-paid license containing, without limitation,
all right, title and interest in User Upload Information, including, without
limitation, all patents, trademarks, service marks, trade names, trade
identities, copyrights, trade secrets, logos, domain names, know-how, source
code and object code, mask-work rights, inventions, moral rights, author’s
rights, algorithms, rights in packaging, goodwill and other Intellectual
Property Rights and proprietary rights whatsoever in User Upload Information.
You further agree that Company, its affiliates and its Company Representatives
will have the unfettered right throughout the universe, in perpetuity, without
any credit or compensation to you, to use, reuse, access, store, copy,
reproduce, rearrange, sell, lease, rent, distribute, redistribute, modify,
alter, display, archive, sub-license, transfer, post, translate, create
derivative works, assign, loan, pledge, grant a security interest, grant a lien,
encumber, convey, download, exchange, exhibit, perform, exploit, upload,
transmit, broadcast, host, index, cache, tag, encode, compile, form a collection
with, or publicize or adapt, reverse engineer, disassemble, decompile, reverse
assemble, modify or attempt to discover any source or object code any of the
User Upload Information or portions of User Upload Information, and your name,
voice, likeness and other identifying information, in any form, media, software
or technology of any kind now known or developed in the future for any purposes
whatsoever (including for advertising, marketing, publicity, commercial
purposes, promotional purposes), in any jurisdiction throughout the world,
including, without limitation, developing, manufacturing and marketing products
using such User Upload Information. You hereby waive any moral rights you may
have in and to any of User Upload Information, even if such material is altered
or changed in a manner not agreeable to you. You agree and understand that
Company, its affiliates, and Company Representatives are not obligated to use
User Upload Information submitted through the Web Site or otherwise, and may
alternatively choose to discard, and limit or block access to User Upload
Information without any liability whatsoever.

 

You acknowledge that the Web Site, through Company, its affiliates, and Company
Representatives, undertakes no obligation to pre-screen User Upload Information,
but that it has the right, in its sole discretion to modify, transmit over
various networks, refuse, move, block access to or remove any of User Upload
Information. You agree that you must evaluate, and bear all risks associated
with, the use of any of User Upload Information including, but not limited to,
any reliance on the legality, accuracy, authenticity, reliability, sufficiency,
truth, suitability, quality, validity, timeliness, completeness, adequacy,
usefulness, and currency of User Upload Information. Since Company, its
affiliates, and Company Representatives may not pre-screen user generated
content, you may bear legal responsibility for others’ exposure to any
Questionable Content in your User Upload Information.

 

12. Disclaimer of Warranties

 

The web site, including, without limitation, all content, software, and
functions made available on or accessed through or sent from the web site, are
provided “as is,” “as available, ” and “with all faults.” company, its
affiliates and their company representatives shall not be liable for any use or
inability to use of, and each make no representation or warranty, guarantee, or
endorsements of any kind whatsoever (express or implied) about,: (a) the web
site; (b) the content, user upload information and software on and provided
through the web site; (c) the functions made accessible on or accessed through
the web site; (d) the messages and information sent from the web site by users;
(e) any products or services offered via the web site or hypertext links to
third parties; and/or (f) security associated with the transmission of sensitive
information through the web site or any linked site.

 

None of the company, its affiliates or company representatives represents or
warrants that the web site, any of the web site’s functions or any content
contained therein will be uninterrupted or error-free; that defects will be
corrected; that the web site or the servers that makes them available are free
of viruses or other harmful components; that your activities or use of the web
site is lawful in any particular jurisdiction and, in any event, company, its
affiliates or company representatives shall not be liable for such events and
specifically disclaims such warranties. You understand that by using any of the
features of the web site, you act at your own risk, and you represent and
warrant that your activities are lawful in every jurisdiction where you access
or use the web site or the content.

 

Further, company, its affiliates and company representatives disclaim any
express or implied warranties including, without limitation, noninfringement,
merchantability, fitness for a particular purpose, title or those arising by
law, statute, usage of trade, course of dealing, or otherwise or those relating
to legality, accuracy, authenticity, reliability, sufficiency, truth,
suitability, quality, validity, timeliness, completeness, adequacy, or currency.
Some jurisdictions limit or do not allow the disclaimer of implied or other
warranties so the above disclaimers may not apply to the extent such
jurisdiction’s law is applicable to this agreement.

 

13. Disclaimers/Limitation of Liability

 

You understand and agree that company limits its liability in connection with
your use of the web site as set forth below:

 

Under no circumstances shall company, its affiliates or company representatives
(collectively, the “company entities and individuals”) be liable to you for any
losses of any kind (including, without limitation, for any special, general,
direct, indirect, incidental, exemplary, economic, punitive, or consequential
damages or any loss of profits, loss of data, lost savings, or losses arising
from business interruption) that are directly or indirectly related to or in
connection with (1) the TOU, the web sites, the content, or user upload
information; (2) the use of, inability to use, or performance of the web sites;
(3) any action taken in connection with an investigation by company or law
enforcement authorities regarding your use of the web site or content; (4) any
action taken in connection with copyright owners; and (5) any errors or
omissions in the web site’s technical operation, even if foreseeable or even if
the company entities and individuals have been advised of the possibility of
such damages, whether in an action of contract, negligence, strict liability,
tort (including, without limitation, whether caused in whole or in part by
negligence, acts of god, telecommunications failure, or theft or destruction of
the web site).

 

The company entities and individuals are not responsible for any losses to your
or any user’s computer, modem, cell phone, hardware, software, or other
equipment or technology including, without limitation, losses from any security
breach or from any virus, bugs, tampering, fraud, error, omission, interruption,
defect, delay in operation or transmission, computer line or network failure or
any other technical or other malfunction. Your access to and use of this web
site is at your risk. If you are dissatisfied with the web site or any of the
content, your sole and exclusive remedy is to discontinue accessing and using
the web site or the content.

 

You recognize and confirm that in the event you incur any losses or injuries
that arise out of company’s, its affiliates’ or company representatives’ acts or
omissions, the losses, if any, caused to you are not irreparable or sufficient
to entitle you to an injunction preventing any use or exploitation of any web
site, property, product, program, television show, motion picture or other
audio/visual content owned or controlled by company, its affiliates and/or its
company representatives or user upload information, and you will have no rights
to enjoin or restrain the use, development, production, distribution,
advertising, exhibition or exploitation of any company web site, property,
product, program, television show, motion picture or other audio/visual content
or user upload information or any and all activities or actions related thereto.

 

By accessing any of the web site, you understand that you may be waiving rights
with respect to claims that are at this time unknown or unsuspected, and in
accordance with such waiver, you acknowledge that you have read and understand,
and hereby expressly waive, the benefits of section 1542 of the Civil Code of
California, and any similar law of any state or territory, which provides as
follows: “a general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor.”

 

To the extent certain jurisdictions limit the exclusion of damages or limitation
of liability hereunder or otherwise render any part of the exclusions of damages
or limitations of liability unenforcable, the above exclusions and limitations
shall be modified to the maximum extent permitted by law, even if any remedy
fails its essential purpose.

 

14. Indemnity

 

You agree to defend, indemnify and hold harmless the Company Entities And
Individuals with respect to any and all claims, demands, suits, investigations,
Losses, judgments, settlements, costs and expenses, including attorneys’ fees,
arising out of, related to or in connection with this TOU, including, without
limitation: (a) your use of the Web Site; (b) your violation of these TOU or any
law, rule or regulation; (c) your use of the Content or User Upload Information;
(d) your disclosure of any access code or password related to the Web Site to
others; (e) any agreement or relationship you have with a third party; or (f)
any of your User Upload Information. You will use your best efforts to cooperate
in the defense of any claim which indemnification is sought. Notwithstanding the
foregoing, in the event you fail to properly assume defense of such claim or
respond thereto within a reasonable period of time, or fail to properly defend
such claim in a diligent and competent manner, Company may assume sole control
and defense thereof and, upon such event, Company retains the exclusive right to
settle, compromise and pay any and all claims, demands, proceedings, suits,
actions or causes of actions which are brought against Company Entities And
Individuals herein under the terms and provisions of this Section 14 on your
account and on your risk. Company may participate in the defense of any such
claim (or portions thereof) at its expense if it deems its interests conflict
with those of yours in your defense thereof. In no event shall you settle or
consent to any order on any claim without Company’s prior written approval.

 

15. Governing Law

These TOU and the interpretation of these TOU shall be governed by and construed
in accordance with the laws of the State of New York, without regard to its
conflicts of laws rules and specifically will not be governed by the United
Nations conventions on contracts for the international sale of goods, if
otherwise applicable or the Uniform Computer Information Transaction Act.

 

16. Jurisdiction and Venue

 

You waive all rights to trial by jury in any action or proceeding instituted in
connection with these TOU and/or the Web Site. Any controversy or claim arising
out of or relating to these TOU and/or the Web Site (or the enforceability
thereof) shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in the State of New York, in the City
of New York, County of New York, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Any matters or proceedings
that are not subject to arbitration as set forth in this Section 16 of these TOU
and/or for entering any judgment on an arbitration award, shall take place in
the State of New York, in the City of New York, County of New York. You waive
the defense of forum non conveniens.

 

17. Miscellaneous

 

You are solely responsible for compliance with applicable laws, rules, and
regulations in connection with your use of the Web Site and the Content,
including, without limitation, those governing your transmission or use of any
software or data. These TOU and any applicable end user license or similar
agreements contain the sole and entire agreement between the parties with
respect to the Web Sites, the Content and User Upload Information and supersedes
any and all other prior written or oral agreements between them. These TOU shall
not constitute a formal offer, binding obligation or agreement to provide any
Company product, process or service under any circumstance. An agreement for any
Company product, process or service shall only be evidenced by a formal written
agreement entered into by an authorized Company representative. The section
titles in these TOU are for your convenience only and do not have any legal or
contractual effect. You agree that these TOU will not be construed against
Company by virtue of having drafted these TOU. If any provision of these TOU
shall be held invalid or unenforceable by any court of competent jurisdiction or
as a result of future legislative action, such holding or action shall be
strictly construed and shall not affect the validity or effect of any other
provision of these TOU. No waiver on the part of Company of any of these TOU
will be of any force or effect unless made in writing and signed by a duly
authorized officer of Company.

 

18. Fees

 

Company reserves the right at any time to charge fees for access to portions of
the Web Sites provided we obtain your prior agreement to pay such charges. We
will give you advance notice of such fees and the opportunity to opt-out of any
such features before such charges are imposed. You shall pay all fees and
charges in a manner prescribed by Company at the rates in effect for the billing
period in which such fees and charges are incurred, including, but not limited
to charges for any products or services offered for sale through the Web Site or
by any other vendor or service provider. All fees and charges shall be billed to
and paid for by you. You shall pay all applicable taxes relating to use of the
Web Site through your account.

 

19. Termination

 

You understand and agree that Company will determine your compliance with these
TOU in its sole discretion. Company reserves the right to terminate this
Agreement at any time and/or deny access to all or part of the Web Sites and to
deny access to any person in its sole discretion without notice or liability of
any kind. Any violation of these TOU may be referred to law enforcement
authorities. Upon termination of your user account or access to the Web Site, or
upon demand by Company, you must destroy all materials obtained from this Web
Site and all related documentation. Company may terminate these TOU and your
access to the Web Site at any time for any reason without prior notice. For
events held in Suffolk County, NY, unless notified to us otherwise, no sneeze
guards will be provided.

 

Last revised January 24, 2020.

   


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